I think the conclusions about the real world impact of DMCA are very interesting. For those of you interested in this type of thing, read here: http://volokh.com/2011/10/19/hey-2d-circuit/
True...but, it appears that the 2nd Circuit (which encompasses, among other places, New York) could end up with a different take on what has been ruled on in other cases. Not saying this is likely (I just read the article and have not looked at the briefs or the cited cases), but the case could either confirm the DMCA protections or place significant burdens on platforms to identify and locate infringing material on their sites. Interesting issues.